HomeMy WebLinkAboutMINUTES - 03051991 - IO.3 I.O.-3
TO: BOARD OF SUPERVISORS Contra
FROM: INTERNAL OPERATIONS COMMITTEE Costa
��•�• -- :
February 25, 1991 ca.' County
DATE: rTq•cooK�
REPORT ON LEGISLATION TO ALLOW REGULATION OF COMMITTEES
SUBJECT: OPPOSING OR SUPPORTING THE QUALIFICATION OF LOCAL MEASURES FOR
THE BALLOT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . Introduce, waive reading, and fix March 12, 1991 for
adoption of the attached ordinance which will extend to
committees organized primarily to support or oppose the
passage of a local measure on the ballot, the existing local
campaign reporting requirements which currently apply only
to individual candidates.
2. Amend the Board' s 1991 Legislative Program to add the
sponsorship of legislation which would allow a local
government agency to regulate not only committees organized
to support or oppose the qualification of a local measure
for the ballot, but also to regulate individuals who support
or oppose the qualification of a local measure for the
ballot.
3 . Remove this item as a referral to our Committee.
BACKGROUND:
Our Committee has been considering two aspects of campaign
reporting requirements which, we wished to add to our existing
requirements:
* Extending the County' s existing campaign reporting
requirements to committees organized primarily to support or
CONTINUED ON ATTACHMEN`rPS YES SIGNATURE:
RECOMMENDATION OF COUNTY I A R RECOMMENDATION F BOARD COMMITTEE
APPROVE
SIGNATURE(S): R SCHRODER SUNNE WRIGHT McPEAK
ACTION OF BOARD ON March 5,\ 1 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT_ ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ---- - -- - - - - - ATTESTED
County Administrator
County COUriSel PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Clerk-Recorder
Elections
BY DEPUTY
M382 . (10/88)
oppose the passage of a local measure which has already
qualified for the ballot. The Board of Supervisors can do
this under existing State law.
* Sponsor legislation which would authorize local governments
to regulate committees and individuals which are supporting
or opposing the qualification of a local measure for the
ballot.
The Board of Supervisors is already on recordas sponsoring
legislation which would authorize local governments to regulate
committees organized to qualify or oppose the qualification of a
local measure for the ballot. The above recommendation would
extend this to individuals who are raising money to support or
oppose the qualification of a measure for the ballot, even if no
formal committee has yet been organized.
Approval of the attached ordinance will require committees
organized to support or oppose the passage of a local measure
which has already qualified for the ballot to comply with the
County' s campaign reporting requirements. The proposed
legislation, taken together with legislation which has already
been sponsored by the Board of Supervisors, will extend this
ability to regulate to committees and individuals who are raising
money to either qualify or oppose the qualification of a local
measure for the ballot.
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
oatet February 19, 1991
To: Internal Operations Committee
From: Victor J. Westman, County Counsel rye
By: Mary Ann McNett Mason, Deputy County Counsel l7 .
Re: Local Campaign Reporting Requirements
In its order of February 5, 1991 the Board of Supervisors
directed County Counsel to prepare a draft ordinance which would
include within the existing campaign disclosure requirements each
"committee supporting or opposing a candidate for county office and
each committee supporting or opposing a local ballot measure which is
being voted on only in Contra Costa County. " We have also included
in the draft ordinance modifications to the enforcement provisions of
the existing Fair Campaigns ordinance, to extend those provisions to
such committees . (Ord. Code S 530-2 . 1002 . ) The draft ordinance is
attached for the Internal Operations Committee' s review. All
modifications to the. current ordinance are underlined.
If the draft ordinance is adopted, a copy of the action must be
filed with the Fair Political Practices Commission (Gov. Code §
81009 . 5) .
The Board of Supervisors also requested that County Counsel draft
language for an amendment to state law which would authorize local
agencies to impose additional reporting requirements on proponents
and opponents of the qualification of a local measure for the ballot.
The Board desires authorization for a local agency to adopt an
ordinance which would require that:
1.
. . not less than 24 hours before beginning to circulate
petitions to qualify a local measure for the ballot, or as
soon as $1000 is collected for the purpose of financing the
qualification of a local measure for the ballot or to oppose
the qualification of a measure for the ballot, whichever
occurs first, the proponent or opponent of the measure shall
file a statement of organization with the County Clerk, and
not more than 15 days thereafter shall reveal the amount and
source of all contributions to the Committee. "
Internal Operations Committee -2- February 19, 1991
Draft legislation which would authorize a local agency to adopt
an ordinance imposing such filing requirements on proponents or
opponents of the qualification of a local ballot measure is attached.
The proposed legislation does not specify the content of such local
regulations but provides the general authorization for their
enactment. Upon passage of the proposed legislation, the Board of
Supervisors could adopt an ordinance imposing the specific filing
requirement desired.
Changes in state law filing requirements for local ballot measure
qualification committees .
Committees formed to support or oppose the qualification of a
local ballot measure became subject to additional filing requirements
under state law as of January 1, 1991 . Any person or combination of
persons that receives contributions totaling $1,000 or more in a
calendar year is a "committee. " (Gov. Code S 82013) . Within 10 days
of the receipt of contributions totaling $1,000, a committee must
file a statement of organization with the Secretary of State and the
County Clerk. (Gov. Code § 84101 . ) A committee which supports or
opposes the qualification of a local ballot measure is subject to
this requirement.
As of January 1, 1991, committees formed to support or oppose
qualification of local ballot measures must file semiannual campaign
statements .by July 31 for the period ending June 30 and by January 31
for the period ending December 31 (Gov. Code S 84200) . Government
Code section 84200(x) (4 ) , which exempted ballot measure qualification
committees from filing semiannual statements until 21 days after
petitions are filed or 21 days after the deadline for filing
petitions, has been repealed. (Stats . 1990, c. 581 (S .B. 284 ) . ) The
semiannual statements must be filed with the County Clerk of the
county in which the committee is domiciled. (Gov. Code S 84215. )
In addition, committees formed primarily to support or oppose
the qualification of a local ballot measure must file a preelection
campaign statement 21 days after any petitions are filed or 21 days
after the deadline for filing petitions, whichever is earlier. (Gov.
Code S 84200.5(f) . )
According to Wayne Imberry, consultant with the Fair Political
Practice Commission' s Technical Assistance Division, the state
campaign disclosure requirements for committees formed to support or
oppose the qualification or passage of ballot measures will be
detailed in Campaign Disclosure Information Manual D (1991 ) available
in April from the FPPC.
Although state. law requires ballot measure qualification
committees to file statements of organization and semiannual campaign
statements, state law does not impose such requirements on proponents
of qualification of a measure prior to receipt of $1, 000. Also, it
Internal Operations Committee -3- February 19, 1991
semi-annual statement is due. In addition, state law does not
require the immediate filing of a committee's statement of
organization upon the receipt of $1,000 . After such receipt,
committees have 10 days to file the statement. State law also does
not require that a campaign statement be filed within 15 days of the
filing of the statement of organization and does not require that a
campaign statement disclose the source of contributions unless the
cumulative amount received from the source exceeds $100. (Gov. Code
S 84101; 84200; 84211) .
Pending Legislation
In 'response to the Board of Supervisors Order of October 30,
1990, this office prepared a draft amendment to Government Code
section 89001 .5, which in our opinion would remove the statutory
barrier to local governmental agencies imposing filing requirements
additional to or different from those required by state law
applicable to committees formed or existing primarily to oppose the
qualification of a local ballot. measure. This draft amendment has
been adopted as part of the County's legislative program. This draft
legislation does not specify the content of local regulations
concerning ballot measure qualification committees . It would provide
a local jurisdiction with the authority to impose filing requirements
on such committees additional to or different than those imposed by
the state. This legislation would not authorize a local agency to
impose filing requirements on a proponent or opponent of a ballot
measure prior to its receipt of $1,000 in contributions and
qualification as a committee.
MAM:fjb/jf
Attachments
cc: Steven L. Weir, County Clerk-Recorder
Robert Delavati, Elections Supervisor
FB-3 a:\mam\memo\campaign.req
PROPOSED LEGISLATION TO PERMIT THE REGULATION OF
PROPONENTS OR OPPONENTS OF THE QUALIFICATION OF A
MEASURE FOR THE BALLOT IN A LOCAL JURISDICTION
SECTION 1 .
Government Code section 81009 .6 is added to read:
81009.6 Local Regulation of Proponents and Opponents of
Qualification of Local Ballot Measures.
(a) Notwithstanding any other provision of law, a local
government agency may by ordinance impose filing requirements
additional to or different from those set forth in Chapter 4 for
elections held in its jurisdiction, if the additional or different
requirements apply to proponents or opponents of the qualification of
a local ballot measure which is proposed only in that jurisdiction.
(b) A local government agency enacting an ordinance pursuant to
subsection (a) shall define "proponent" and "opponent" for purposes
of its ordinance.
ORDINANCE NO. 91-
(Reporting Requirements for Committees
supporting or opposing a candidate
or local ballot measure)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) .
SECTION I . SUMMARY. This Ordinance amends Ordinance Sections
530-2 . 802, 530-2 .804, and 530-2. 806, to extend the existing
campaign disclosure requirements to committees supporting or
opposing candidates for county office and to committees
supporting or opposing local ballot measures voted on only in
Contra Costa County. This ordinance amends Ordinance Code
section 530-2 . 1002 to extend existing enforcement provisions to
such committees .
SECTION II . Section 530-2 . 802 of the County Ordinance Code is
amended, to apply to committees supporting or opposing local •
ballot measures voted- on only in Contra Costa County, to read:
530-2 . 802 Candidate and Committee Reports . Each candidate,
each committee supporting or opposing a candidate for county
office, and each committee supporting or opposing a local ballot
measure which is being voted on only in Contra Costa County shall
file a campaign statement in the county clerk-election division
office, on every date a statement is required by the Political
Reform Act covering the same time period as the statement filed
pursuant to state law and an additional statement by 12:00 noon
on the last Friday before the election covering the period
between the previous statement filed and 12:00 midnight of the
last Thursday before the election. This filing must be timely
received by the filing officer and is not accomplished by deposit
in the mail . This statement shall include, in addition to all
matters required by this section, the same disclosures required
for the last campaign statement before the election by the
Political Reform Act.
(Ords . 91- §2, 84-14, 84-9 . )
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ORDINANCE NO. 91
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SECTION III . Section 530-2 . 804 of the County Ordinance Code is
is amended to apply to committees supporting or opposing
candidates for county office and to committees supporting or
opposing local ballot measures to be voted on only in Contra
Costa County, to read:
t
530-2 . 804 Campaign Statement. Each county campaign
statement required to be filed by candidates for county office,
committees supporting or opposing a candidate for county office,
or committees supporting or op_posing a local ballot measure which
is being voted on only in Contra Costa County shall contain:
(1) (a) The total amount of all contributions received
during the period covered by the campaign statement that equalled
twenty-five dollars, or more, and (b) the total of all
contributions of less than that cumulative amount.
(2 ) If the cumulative amount of contributions from a person
is more than twenty-five dollars and less than one hundred
dollars and a contribution has been received from that person
during the period covered by the campaign statement, the
statement shall include the date and amount of each contribution,
the name of the contributor and the type of contribution, such as
monetary or nonmonetary (in-kind contribution) . In the case of
in-kind contributions, the fair market value shall be reported.
If the value is unknown, a written valuation shall be obtained
from the donor and this valuation reported.
(3) If the cumulative amount of contributions from a person
is one hundred dollars or more and a contribution has been
received from that person during the period covered by the
campaign statement, the statement shall contain the same
disclosures required by Government Code S 84211 ( f ) .
(4 ) Candidates and committees need not duplicate any reports
of contribution and/or loan required by state law but may certify
that reports made pursuant to this section are in addition to
those made pursuant to state law.
(Ords . 91-_ S 3, 84-9 . )
SECTION IV. Section 530-2. 806 of the County Ordinance Code is
amended to apply to committees supporting or opposing a local
ballot measure which is being voted on only in Contra Costa
County, to read:
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ORDINANCE NO. 91
530-2.806 Out-of-county committee reports . Committees
domiciled outside this county which make independent expenditures
or contributions for or against any candidate for county office
or for or against any local ballot measure which is being voted
upon only in Contra Costa County shall file a report with the
county clerk's elections division, in the time and manner
required by Government Code §§ 84200 ff. for committees domiciled
in this county which either support or oppose a .candidate for
county- office or support or oppose a local ballot measure which
is being voted on only in this county.
(Ords . 91 §4 , 84-9 . )
SECTION V. Section 530-2 . 10 of the County Ordinance Code is
amended to extend existing enforcement provisions to committees
supporting or opposing candidates for county office or local
ballot measures voted on only in this county, to read:
530-2. 1002 Clerk and district attorney review. (a) In
addition to other duties required by law, the county clerk shall
monitor all statements (except those of candidates for his office
or committees supporting or opposing candidates for his office)
filed pursuant to this chapter. He shall:
( 1 ) Determine whether the required statements have been
filed with his office;
(2) Determine the timeliness of filing;
( 3) Determine whether the statements conform on their face
with the requirements of this chapter; and
(4 ) Determine_ if any reported contributions exceed the
allowable maximums established by this chapter.
(b) The district attorney shall monitor all statements of
candidates for the office of county clerk, and all statements of
committees supporting or opposing candidates for the office of
county clerk, as set forth in subsection (a) .
(c) If the county clerk, in the course of monitoring
statements as required by subsection (a) , determines there has
been an apparent violation, he shall notify the candidate or
committee. If the district attorney, in the course of monitoring
statements of candidates for the office of county clerk, or
committees supporting or opposing candidates for the office of
county clerk as required by subsections (a) and (b) above,
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ORDINANCE NO. 91
determines there has been an apparent violation, he shall notify
the candidate or committee.
(d) The candidate or committee shall be allowed to correct
any reports within five days after notice.
(e) The county clerk shall report to the district attorney
any apparent violations .of this chapter which have not been
corrected by the candidate or committee.
(f ) The county clerk and district attorney shall each
compile and maintain for five years a current list of statements
or parts of statements which he is required to monitor. Each
list shall be indexed by the candidate' s or committee' s name.
(g) The county clerk shall make recommendations to the
board of supervisors on additional penalty provisions .
(Ords 91- §5 , 84-15, 84-9 . )
SECTION VI . EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of supervisors ,voting for and
against it in the a newspaper published in
this County.
PASSED on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Deputy Board Chair
fb3\a:\mam\ordinanc\cmmttee [SEAL]
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ORDINANCE NO. 91